A/HRC/23/21
(c)
Prolonged occupation: there is no currently applicable international legal
framework that captures the extent to which the interests and well-being of the civilian
population are jeopardized, perhaps irreversibly, if the occupation lasts longer than five
years. The occupation of Palestine by Israel has lasted 46 years, a period that has caused
serious mental disorders associated with living for decades without the protection of laws
and rights and with stifling restrictions on mobility and travel. The occupation by Israel
shows no signs of ending. The prolonged state of exception has facilitated what the factfinding mission on Israeli settlements of the Human Rights Council aptly described as
“creeping annexation”.3 The unlawful Israeli annexation and demographic manipulations in
East Jerusalem have created fundamental threats to the Palestinian right of selfdetermination. In the opinion of the Special Rapporteur, such issues have a direct bearing
on the upholding of the right to self-determination, and represent a flaw or insufficiency in
the conventional conceptions of international humanitarian law and international human
rights law. This flaw or insufficiency should be addressed by the International Committee
of the Red Cross (ICRC) by convening an international conference to draft a convention for
occupations that surpass five years; otherwise, the manifold issues relating to prolonged
occupation should be examined by a commission of inquiry composed of relevant
international law experts.
6.
It has been widely accepted in commentary on the Israel/Palestine conflict that the
only path to a sustainable and just peace, and the fulfilment of the Palestinian right to selfdetermination, is through direct negotiations. Strong efforts have been made in recent
months by the Governments concerned, with the United States of America acting as the
principal intermediary. The Arab Peace Initiative of 2002 has been revived and modified to
allow for “land swaps”, which appears to be a means of incorporating major settlement
blocs into Israel and opening the door to territorial adjustments in response to the security
interests of Israel.
7.
The Special Rapporteur is sceptical of the value of direct negotiations at this time,
especially in relation to the protection of the human rights of Palestinians, above all their
right to self-determination. The political preconditions for effective negotiations do not
seem to exist: for Israel, a pro-settler Government with a seemingly expansionist vision of
the territorial scope of Israel and annexationist policies in the West Bank, including East
Jerusalem, does not seem inclined to withdraw to the pre-1967 borders or to address such
other issues as the division of Jerusalem, the rights of Palestinian refugees, the nondiversion of water from Palestine’s aquifers and the sovereign equality of a Palestinian
State.
II. Gaza Strip
Operation “Pillar of Defense”
A.
8.
Israel launched Operation “Pillar of Defense”, the most sustained use of force since
Operation “Cast Lead”, on 14 November 2012, and continued it for eight days. The
timeline of the violence leading up to the attack is complex, with no clear relationship of
cause and effect. 4 There were incidents of border violence and rocket fire in the days
before, yet there is widespread agreement that the definitive moment came when the Hamas
3
4
A/HRC/22/63, para. 101.
“Israel launches Pillar of Defense amid Gaza escalation”, Haaretz, 20 November 2012. Available
from www.haaretz.com/news/diplomacy-defense/timeline-israel-launches-operation-pillar-ofdefense-amid-gaza-escalation.premium-1.479284.
5
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